But what can you do if you get a knock on the door and a bailiff comes to take away your items to repay a debt? You may have more rights than you think.
Maxine McCreadie, personal finance expert at UK Debt Expert, said there are a number of rules that bailiffs must follow when they visit to recover payment of a debt.
Bailiffs also can’t seize belongings you need for daily life.
McCreadie said checking you know the rules around notice periods, the privacy of your home and what bailiffs can take can help you at a difficult time.
She said: “If you have an unpaid debt, every letter, phone call or knock on the door can bring a wave of anxiety. Bailiff action is typically only considered after all other avenues of debt collection have been exhausted, but it’s still a huge cause of stress.
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“Understanding your rights can help to put your mind at ease, particularly if you haven’t dealt with bailiffs or enforcement agents before.”
Tips if the bailiffs might call
If you fear that the bailiffs might come, these tips from McCreadie can help.
- Understand their powers
A bailiff, officially known as an enforcement agent, may work for private companies, local authorities, or landlords, and are often instructed by the court to recover debts such as council tax arrears, unpaid fines, and CCJs.
Bailiffs have the power to visit your home to collect payment or seize goods in order to settle outstanding debt. They must follow strict rules and can only act under certain legal conditions, such as holding a valid warrant or court order.
Depending on the type of debt and the court’s instructions, they may be allowed to enter your property and remove non-essential belongings.
- Check for prior notice
Bailiffs must give at least seven days’ notice and you should receive a written notice called a ‘Notice of Enforcement’ before they visit. If you do not receive this, they should be sent away.
- Know the rules around entry
Bailiffs cannot force entry into your home on their first visit. They are only allowed to come in if you let them in – meaning you’re under no legal obligation to open the door. However, if you leave a door, window, or gate unlocked, they may legally enter through it.
They can only attend between 6am and 9pm, unless a court order says otherwise. When they do arrive, they must use usual, non-forceful methods to enter. They cannot push past you, wedge their foot in the door, or otherwise force entry.
Only someone aged 16 or over can legally let a bailiff in, and if the only person at home is under 12 or considered vulnerable, the bailiff must leave immediately.
- Check they aren’t taking prohibited items
Bailiffs can only take non-essential items – meaning goods that are not required for your basic day-to-day living. This excludes things like white goods, beds, clothing, and essential furniture. They are more likely to target high-value items such as vehicles, electronics, or jewellery.
Bailiffs must also leave a list of what they intend to take and give you the opportunity to set up a controlled goods agreement, allowing you to keep your belongings while repaying the debt in instalments.
Other tips for CCJs and debt
If you end up with a CCJ against you, it can affect your credit rating as well as leaving you worried about the bailiffs.
However, there is a tool to challenge CCJs. Set up by entrepreneur Matt Pollen when he was trying to challenge a CCJ following a parking fine, it can help you to get the CCJ “set aside so that your rating is not affected”.
If you are struggling with debt, speaking to a regulated debt adviser before any court case can help you to reach an agreement before any judgment is made. Charities StepChange and Citizens Advice can provide free and impartial help.
